How can Indira Gandhi retrieve her child without IGP’s assistance?

--------------------------------------------------------------------------------------------------------------------------------How
can Indira Gandhi retrieve her child without IGP’s assistance?

On 11th March 2010, the Ipoh High Court granted custody and
control over the three children of Indira Gandhi. Prior to this decision, the
father of the three children and then husband of Indira Gandhi had obtained a
similar order from the Syariah Court. Notwithstanding this order, the husband
Pathamanathan @Riduan failed to return the last child of the family to the
mother thus forcing her to institute committal proceedings against the husband.

On 30th May 2014, the Ipoh High Court granted a warrant of arrest order
commanding every police officer to apprehend Pathmanathan @Riduan and also an
order to retrieve the last child under section 53 of the child Act.

From this order, the Inspector General of Police (IGP) being
the police officer named above who had refused to enforce both the above
orders. From this, the IGP has appealed to the court of Appeal.

1)that the IGP has discretion not to enforce the
above orders as the orders are not of a public nature but a private family
matter.
2) the bailiff of the court can assist in enforcing the order

The reasoning is most shocking of earthquake proportions in
that it seems to have failed to appreciate that the IGP by the Police Act must
and should enforce a court order without questioning its merits.

By saying that the IGP has a discretion in the court is
sending a message that any civil servant can question a court order and need
not adhere to it. This will bring a stand still on orders made by courts as they
can be ignored by civil servants.

We need to be clear, that the IGP holds a public duty to do all things within
the meaning of the Police Act. We would advice Indira Gandhi to pursue this
matter to the highest court of the land to bring an end to this ambiguity and
conundrum.

In presenting my argument, I said that India is without a remedy now. Justice
Abdul Aziz said she can still proceed with the assistance of the bailiff of the
High court. I said that as we are unable to locate the where about of the
Pathamanathan @ Riduan , how can anyone retrieve the child with the bailiff
assistance. Only the IGP with state resources at hand can do so. To this the majority
judges failed to agree with me.

The dissenting judge’s decision is that the mandamus order by Lee Swee Seng has
not erred based on the facts of this case is the right and only approach Indira
Gandhi has. Otherwise how can court bailiff locate a contemnor who is in hiding?